BILL NUMBER: SB 1875	CHAPTERED  09/28/00

	CHAPTER   816
	FILED WITH SECRETARY OF STATE   SEPTEMBER 28, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 28, 2000
	PASSED THE SENATE   AUGUST 31, 2000
	PASSED THE ASSEMBLY   AUGUST 30, 2000
	AMENDED IN ASSEMBLY   AUGUST 29, 2000
	AMENDED IN ASSEMBLY   AUGUST 25, 2000
	AMENDED IN ASSEMBLY   AUGUST 18, 2000
	AMENDED IN ASSEMBLY   AUGUST 7, 2000
	AMENDED IN SENATE   MAY 16, 2000
	AMENDED IN SENATE   APRIL 25, 2000
	AMENDED IN SENATE   APRIL 6, 2000

INTRODUCED BY   Senator Speier

                        FEBRUARY 24, 2000

   An act to add Chapter 2.05 (commencing with Section 1339.63) to
Division 2 of the Health and Safety Code, relating to health.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1875, Speier.  Health facilities and clinics:
medication-related errors.
   Existing law generally regulates the licensure of health
facilities and clinics, as defined, and prescribes the duties of the
State Department of Health Services in this regard.  Under existing
law, any person who violates provisions regulating health facilities,
or who willfully or repeatedly violates any rule or regulation
adopted thereunder is guilty of a misdemeanor.
   This bill would make it a condition of licensure that these
facilities, with certain exceptions, implement a formal plan, on or
before January 1, 2005, to eliminate or substantially reduce
medication-related errors in the facility.
   Since a violation of the provisions applicable to health
facilities is a crime, the bill would impose a state-mandated local
program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Chapter 2.05 (commencing with Section 1339.63) is added
to Division 2 of the Health and Safety Code, to read:

      CHAPTER 2.05.  MINIMIZATION OF MEDICATION-RELATED ERRORS

   1339.63.  (a) (1) As a condition of licensure under this division,
every general acute care hospital, as defined in subdivision (a) of
Section 1250, special hospital, as defined in subdivision (f) of
Section 1250, and surgical clinic, as defined in paragraph (1) of
subdivision (b) of Section 1204, shall adopt a formal plan to
eliminate or substantially reduce medication-related errors.  With
the exception of small and rural hospitals, as defined in Section
124840, this plan shall include technology implementation, such as,
but not limited to, computerized physician order entry or other
technology that, based upon independent, expert scientific advice and
data, has been shown effective in eliminating or substantially
reducing medication-related errors.
   (2) Each facility's plan shall be provided to the State Department
of Health Services no later than January 1, 2002.  Within 90 days
after submitting a plan, the department shall either approve the
plan, or return it to the facility with comments and suggestions for
improvement.  The facility shall revise and resubmit the plan within
90 days after receiving it from the department.  The department shall
provide final written approval within 90 days after resubmission,
but in no event later than January 1, 2003.  The plan shall be
implemented on or before January 1, 2005.
   (b) Any of the following facilities that is in the process of
constructing a new structure or retrofitting an existing structure
for the purposes of complying with seismic safety requirements shall
be exempt from implementing a plan by January 1, 2005:
   (1) General acute care hospitals, as defined in subdivision (a) of
Section 1250.
   (2) Special hospitals, as defined in subdivision (f) of Section
1250.
   (3) Surgical clinics, as defined in paragraph (1) of subdivision
(b) of Section 1204.
   (c) The implementation date for facilities that are in the process
of constructing a new structure or retrofitting an existing
structure shall be six months after the date of completion of all
retrofitting or new construction.  The exemption and new
implementation date specified in this paragraph shall apply to those
facilities that have construction plans and financing for these
projects in place no later than July 1, 2002.
   (d) For purposes of this chapter, a "medication-related error"
means any preventable medication-related event that adversely affects
a patient in a facility listed in subdivision (a), and that is
related to professional practice, or health care products,
procedures, and systems, including, but not limited to, prescribing,
prescription order communications, product labeling, packaging and
nomenclature, compounding, dispensing, distribution, administration,
education, monitoring, and use.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
